Background: The case "Hay River Health and Social Services Authority v. Public Service Alliance of Canada, 2024 NWTSC 27" involved the employer seeking judicial review of an arbitration award about paying an education allowance to registered nurses with a baccalaureate degree, as stipulated in a collective bargaining agreement (CBA).

Legal Arguments/Issues:

• Employer's Argument: The employer argued the education allowance should only apply to nurses who were members of the bargaining unit when the 2012-2016 agreement was signed. They invoked estoppel, claiming the union had represented this limitation during bargaining.

• Union's Argument: The union contended the CBA's language was clear and required the allowance for nurses in the bargaining unit when the 2016-2021 agreement was signed. They argued there was no basis to limit the allowance to those hired before the 2012-2016 agreement.

Arbitrator's Decision: The arbitrator found the CBA language clear, requiring the allowance for nurses in the bargaining unit when the 2016-2021 agreement was signed, and dismissed the employer’s estoppel argument due to lack of evidence.

Court's Decision: Justice K.M. Shaner upheld the arbitrator’s decision, finding it reasonable and based on proper legal principles and evidence. The application for judicial review was dismissed.

Costs: The employer's application was dismissed, and the union was awarded party and party costs per Rule 606.1 of the Rules of the Supreme Court of the Northwest Territories. The exact amount was not specified.